Income and Corporation Taxes Act 1988

720 Nominees, trustees etc. U.K.

(1) M1 Where securities are transferred by or to a person as nominee for another person, or as trustee for another person absolutely entitled as against the trustee, or for any person who would be so entitled but for being an infant or other person under disability, or for two or more persons who are or would be jointly so entitled, sections 713, 715 and 716 shall apply as if references to the transferor or the transferee (as the case may be) were to the person or persons for whom the nominee or trustee disposes or acquires.

(2) M2 It is hereby declared that for the purposes of subsection (1) above—

(a) securities are transferred by a person as trustee for another person absolutely entitled as against the trustee if that other person has immediately before the transfer the exclusive right to direct how the securities shall be dealt with, subject only to satisfying any outstanding charge, lien or other right of the trustee to resort to the securities for payment of duty, taxes, costs or other outgoings; and

(b) securities are t ransferred to a person as trustee for another person so entitled if that other person has that right immediately after the transfer.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) M3 Where a person who is entitled to securities becomes trustee of them, he shall be treated for the purposes of sections 710 to 728 as transferring them (in a capacity other than trustee) to himself (in his capacity as trustee), or to himself and any other trustees, at the time he becomes trustee.

(5) [F2 M4 Income] which by virtue of 714(2) or 716(3) [F3 is treated] as received in a year of assessment by trustees shall be chargeable to income tax [F4 at the rate applicable to trusts] for that year.

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) M5 In any case where—

(a) a trustee of a settlement is treated as receiving [F6 income] under section 714(2), or

(b) a trustee of a settlement who is resident or domiciled outside the United Kingdom throughout any chargeable period in which an interest period (or part of it) falls would, at the end of the interest period, have been treated under section 714(2) as receiving [F7 income or income] of a greater amount if he had been resident or domiciled in the United Kingdom during a part of each such chargeable period,

[F8 Chapter 5 of Part 5 of ITTOIA 2005 (settlements: amounts treated as income of settlor) and Chapter 1C of Part 15 of this Act (liability of trustees)] shall have effect as if the amount which the trustee is or would be treated as receiving were income [F9 arising under the settlement].

(7) M6 In any case where income of a trustee of a settlement who is resident or domiciled outside the United Kingdom throughout any chargeable period in which an interest period (or part of it) falls consists of interest which—

(a) falls due at the end of the interest period; and

(b) would have been treated under section 714(5) as reduced by an allowance or an allowance of a greater amount if he had been resident or domiciled in the United Kingdom during a part of each such chargeable period;

then, for the purposes of [F10 Chapter 5 of Part 5 of ITTOIA 2005 and Chapter 1C of Part 15 of this Act], the interest shall be treated as being reduced by the amount of the allowance or by the additional amount (as the case may be).

(8) M7 In subsections (6) and (7) above—

(a) “settlement” means settlement within the meaning of [F11 Chapter 5 of Part 5 of ITTOIA 2005 (see section 620 of that Act)]; and

(b) references to a trustee of a settlement are, where there is no trustee of the settlement, to any person entitled to securities comprised in the settlement.

Textual Amendments

F1 S. 720(3) repealed (27.7.1993 with effect for the year 1994 and subsequent underwriting years) by 1993 c. 34, s. 213, Sch. 23 Pt. III(12) Note 2

F2 Word in s. 720(5) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 298(2)(a) (with Sch. 2)

F3 Words in s. 720(5) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 298(2)(b) (with Sch. 2)

F4 Words in s. 720(5) substituted (27.7.1993 with effect for the year 1993-94 and subsequent years of assessment) by 1993 c. 34, s. 79, Sch. 6 paras. 13, 25

F5 Words in s. 720(5) repealed (with effect in accordance with s. 68 of the repealing Act) by Finance Act 1999 (c. 16), Sch. 20 Pt. 3(17), Note

F6 Word in s. 720(6)(a) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 298(3)(a) (with Sch. 2)

F7 Words in s. 720(6)(b) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 298(3)(b) (with Sch. 2)

F8 Words in s. 720(6) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 298(3)(c) (with Sch. 2)

F9 Words in s. 720(6) substituted (with effect in accordance with s. 74(2) of the amending Act) by Finance Act 1995 (c. 4), Sch. 17 para. 17(2)(b)

F10 Words in s. 720(7) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 298(4) (with Sch. 2)

F11 Words in s. 720(8)(a) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 298(5) (with Sch. 2)

Modifications etc. (not altering text)

C1 Ss. 710-728 modified (27.7.1993) by 1993 c. 34, s. 63(1)(2)

Ss. 710-728 modified (27.7.1993) by 1993 c. 34, s. 63(3)(4)

Ss. 710-728 modified (27.7.1993) by 1993 c. 34, s. 63(8)(10)

Ss. 710-728 modified (27.7.1993 with effect for the year 1992-93 and subsequent years of assessment) by 1993 c. 34, ss. 176(4), 184(3)

C2 Ss. 710-728 modified (with effect in accordance with s. 105(1) of the modifying Act) by Finance Act 1996 (c. 8), Sch. 13 para. 11 (with Sch. 13 para. 16, Sch. 15)

C3 Ss. 711-728 modified (31.7.1998) by Finance Act 1998 (c. 36), s. 161(2)(a) (with s. 161(7))

Marginal Citations

M1 Source—1985 Sch.23 6(1), 15(6)

M2 Source—1985 Sch.23 6(2)

M3 Source—1985 Sch.23 7(1)

M4 Source—1985 Sch.23 8(1), (2), (4); 1986 Sch.17 1(1)

M5 Source—1985 Sch.23 9(1), (2)

M6 Source—1985 Sch.23 9(3), (4)

M7 Source—1985 Sch.23 9(5)